How to organize a HOA: do residents of the house need it? And yet: HOA or management company - which is better?

The changes that housing legislation underwent in 2015 directly affected HOA activities. There have been no changes since then, so the provisions are still relevant.

So it became the responsibility of the owners to hold meetings to make changes to the charter of the partnership. By new edition According to the law, the charter must be registered with the Federal Tax Service, and the chairman must receive an extract from the Unified State Register of Legal Entities.

Pros and cons of this control method

According to Art. 135 Housing Code RF, HOA (Home Owners Association) is non-profit organization, uniting the owners of premises in apartment building to organize collective management of everything real estate, ensuring its use, possession and disposal within the limits determined by legal norms.

Membership in the HOA allows you to participate in general meetings, therefore, makes it possible to directly influence all decisions regarding the management of the house and the determination of the amount of contributions.

The undoubted advantage of the HOA is that it decides how the house will be maintained– does the house need constant security, does it require routine repairs of the lobby, staircases and corridors, what communications require replacement, etc.

Since the HOA has the right to dispose of all premises common use, residents can jointly decide the purpose of the attic and basement.

Since the HOA is assigned the right to the adjacent territory, residents can choose to arrange a playground or parking lot next to the house.

In general, the creation of an HOA allows for a qualitative improvement in living conditions if the owners approach the organization of house management correctly.

It is important that the source of funds for the HOA, in addition to contributions from residents, public funds may also become.

Since municipal authorities are considered the owners of non-privatized premises, they are obliged to directly participate in the costs necessary to maintain this house. If this obligation is not fulfilled, the HOA has the right to forcefully collect these payments.

Art. 153 Housing Code of the Russian Federation allows the HOA to initiate the construction of additional premises to common property, which can subsequently be used to generate income. For example, attaching a store or cafe to the house, etc.

Renting such premises will cover a significant part of the costs, which will reduce the amount of contributions.

Another advantage of the HOA is the possibility of refusing services for the operation of buildings and organization.

That is residents decide for themselves who to hire to maintain their home and independently agree on .

The only disadvantage of creating an HOA is the risk of improper management organization. But this problem is easily solved, since residents can re-elect board members and jointly decide on a management plan.

In which houses can a partnership be created?

Art. 136 of the Housing Code of the Russian Federation states that the owners of premises in one apartment building have the right to create only one HOA.

Can create a common HOA and owners from several apartment buildings, whose engineering support networks and other infrastructure elements border each other.

It is allowed to create an HOA by the owners of several closely located buildings, for example, single-owner houses, country houses with personal plots and without them, if their land plots border or are located on a common territory and have common elements infrastructure.

Two or more HOAs can create an association for the purpose of joint property management.

It is possible to create an HOA at the stage of building a house, which is confirmed by Art. 139 Housing Code of the Russian Federation. It is noteworthy that the owners of premises in a house managed by an HOA themselves decide whether to join the partnership or not.

How is the decision to create

In order to create an HOA, it is necessary to hold a meeting of residents, on which will be selected. At least 2/3 of all home owners must be present at the meeting.

Decision on creation of a homeowners association adopted by a majority of votes, according to the changes made, the consent of 2/3 of all owners of the premises is now required, whereas previously 50% of the votes were sufficient.

The decision is formalized by the minutes of the general meeting of the HOA. The votes of owners are determined by the proportional principle - than larger area residential premises, the more votes the owner has.

Approval of the charter

The procedure for adopting the HOA charter is determined by Art. 45-48 Housing Code of the Russian Federation. Charter must be approved by all owners residential premises of the house.

It is possible to hold a meeting in absentia if there are partnerships before this.

The Charter must reflect all the main aspects of the maintenance and upkeep of the house. It indicates the address of the house, place and date of drawing up the document. The purpose of the HOA’s functioning, the rights and obligations of all participants in the partnership are also stated.

The owners of the premises are called property owners, that is, the HOA is renamed TSN.

Starting from September 1, 2014, all HOAs must register as TSN, while re-registration is not required for existing partnerships.

Changes to the Housing Code of the Russian Federation also affected the charter, in particular:

To amend the current charter, a general meeting is held, at which the charter is amended based on the minutes.

All changes made are certified by a notary and sent for confirmation to tax authorities . After 5 days, the chairman can receive an extract from Rosreestr about the changes.

Registration procedure

HOA registration similar to registration legal entity and does not present any particular difficulties. After registration, the HOA is assigned an individual current account, which subsequently receives the funds deposited by the residents.

For the HOA registration procedure, you need following documents:

• application form for registration of a legal entity;
• minutes of the general meeting of property owners;
• calculation of the share of each owner;
• HOA charter.

According to Art. 140 of the Housing Code of the Russian Federation, by decision of the general meeting, an HOA can be transformed into a housing or housing-construction cooperative.

Concluding agreements with residents of the house

The creation of an HOA is possible with the consent of 2/3 of the owners. But other residents use the same providers. Therefore, the partnership enters into agreements with residents who are not its members, individual contracts for the provision of services.

The law does not require the mandatory written conclusion of such a document.

Organization of day-to-day house management work

Current house management work is organized by existing managers - chairman and board, chosen by residents. They may be the same owners or hired from outside.

The board is required to enter into contracts with service providers, collect payments, monitor the current condition of the house, etc.

Some documents, such as HOA agreements with supplying organizations, may not be viewable by HOA members, but they are available to the audit commission.

The procedure for reporting work to residents

Plan for any home maintenance work and estimate annual expenses approved by the general meeting of residents.

If the decision was made by absentee voting, any member of the HOA has the right to disclosure of information about the activities of the partnership and to familiarize itself with the minutes of absentee meetings.

You can also check out HOA expenses by viewing the partnership's current account, which reflects not only all receipts, but also withdrawals.

Dispute resolution procedure

If a HOA member is not satisfied with the organization of house management, he can bring this issue up for discussion at a general meeting of residents. Questions financial nature are resolved with the participation of the audit commission.

If the dispute could not be resolved within the partnership, the tenant can contact the housing inspectorate, which monitors the provision of utilities.

Also it is possible to contact the tax authorities if there are suspicions of financial fraud.

Video review with changes

Using the example of the Krasnodar Territory, it is shown how municipal authorities help representatives of apartment buildings understand the intricacies of organizing the management of common property.

The meaning of human life is active volitional goal setting and achievement of set goals.

Anti-human qualities that even animals do not possess (hatred and laziness, retrograde (extreme backwardness, reactionary) and pleasure from murder and destruction, perversion and selfishness, robbery, theft and rent, as the acquisition of goods without labor, oppression and routine, acquisitiveness and misanthropy , contempt and self-interest, dogmatism and hedonism, torment and tyranny), became a challenge to the true man.

people begin to lose their human appearance, turning not even into animals, but into anti-humans!

A true person, dissatisfied with an imperfect world, sets a goal and achieves it, transforming the world for the better. Having achieved his goal, he is satisfied only for a moment, and again another imperfection moves him to a new goal and action. This is how progress moves. The anti-human seeks pleasure. It is given by money, pleasures, physiological instincts. But this goal leads nowhere. She dehumanizes. This is the way back.

This is the essence of the basic conflict in humanity. Man versus anti-man. Humanity versus anti-humanity. It was this conflict that gave birth and gives birth to violence and social injustice, slavery and colonialism, racism and exploitation, fascism and real “liberalism,” wars and revolutions. All modern achievements of technology and technology are involved in this conflict. The structures of states and societies are derived from this conflict. All worldview doctrines and ideologies, one way or another, fundamentally contain this conflict and alternative. All world religions talk about this conflict.

The time has come for the most important choice of fate and the path of development of humanity. The choice between good and evil. One outcome is social progress, movement towards a moral ideal. The other is the path of social degradation, consumer biologization of life, the collapse of the unity of the human species.

Having recreated the system of good against the system of evil, the world can only acquire the ideology and path of building a new world system of true humanity. Evil triumphs only because it is better organized. People of good will need their own system of unification and organization.

SYSTEM OF GOODNESS AS A SYSTEM FOR BUILDING TRUE HUMANITY

Science and management technologies make it possible to carry out social design on a planetary scale. But the dominant modern world “project” contradicts the evolutionary perspective and leads not to progress and the deification of man, but to his biologization and dehumanization. This is a dead end. Humanity needs a different project, a project of moral goal-setting for the development of humanity. Humanity needs a distinction between good and evil, conflict and victory, and not compromise with the forces of evil. You will have to fight for victory!

What to do?

To win any struggle you need organization. The forces of world evil are truly global and well organized. Being in the minority, but possessing resource superiority, they managed to subjugate the majority of humanity. Therefore, the question of good and evil in itself modern world won't decide.

What exactly needs to be done to meet this challenge?

It is necessary to give people a fundamental understanding of the value unity of humanity. While differing in local ways of life, peoples are united in the basic values ​​of humanity, bringing it closer to the moral ideal. Hence the task is to restore the unifying formula. The creators of world religions spoke about the unity of believers regardless of race and ethnicity.

2. We need the broadest possible educational campaign organized on a planetary scale. To do this, you should use all possible information resources. The Internet provides great opportunities in this regard.

and the “New Testament”, and the “Koran”, and the “Manifesto of the Communist Party” were manifest appeals to humanity about the future.

Essentially, they expressed a single value position of non-acceptance of a world of superiority and inequality. Appeals followed to both religious and secular societies of the New Age. Time requires a new manifesto, applied to the context of the modern world.

4. Appeals to future humanity will remain good wishes without an active subject. There is currently no such entity. Who could be it? Scattered alternative and anti-globalist organizations do not have such a perspective. It’s not just the smallness compared to their World Center resource potential. A protest without an ideological basis for new construction can slow down and overthrow, but it cannot create.

Forming an active subject of future unity and transformation is the main task of today!

5. But the peoples and national elites, states are now in temptation. One way is the desire and movement towards a new world order based on the principles of the “white value package” of humanity. This is the path of struggle and risk.

But in reality, no one will be allowed to the top of the pyramid. All privileged places in the “multi-story building of humanity” are already occupied. None of the cohort of the “golden billion” is going to make room in their “apartments,” much less vacate them. The temptation to enter the privileged part of humanity ended, as we know, in systemic failure. The experience of the collapse of the USSR, betrayed by its own elite, is one of the most striking examples of this kind. The experience of Russia, which is experiencing a historical slowdown in development due to the desire for a liberal mirage, is second confirmation. This is not the only precedent for the “temptation” of national elites to join the global elitist group.

The second path is in fact the path to a strategic dead end. Understanding this will objectively lead the countries of the world to choose in favor of the first model of the world order.

8. Who is the geopolitical subject who will take on the mission of consolidating states and peoples in the future of humanity?

More details in the Manifesto of the Future of Humanity “Being Human. To be humanity." M., 2016. Bagdasaryan V.E., Sulakshin S.S.

21 Feb. 2020

Response to the article “DEVALUATION OF THE TRUTH”

When in Russia will they learn to “live not by lies” AiF No. 8, 2020.

At one of the meetings of the Government of the Russian Federation, the new Prime Minister Mikhail Mishustin demanded from ministers and other officials "don't make unreasonable promises." Former governor Anatoly Artamonov demanded the same thing from officials of the Kaluga region last year.

The question arises why officials who have not fulfilled their promises do not bear any responsibility and continue to sit in their offices and fool the population with new promises. You don’t have to look far for examples.

The Ministry of Roads of the Kaluga Region promised to reconstruct the road in the Iznoskovsky district between the villages of Mikhali - Shansky Zavod by December 2019. It notified the population about this in letters and on its stands. (letter No. Kol-11/2216/3-19 dated June 27, 2019, signed by the Deputy Governor of the Kaluga Region Nikitenko A.V.). When will the reconstruction of this road be completed? And February 2020 ends. Now you can’t drive there or go around there. And instead of the Kaluga company, a Moscow organization is now forced to carry out work on this road.

Second example. For many years now, natural gas has been promised in the villages of the Iznoskovsky district of the Kaluga region of the Rural Settlement “Mikhali Village”. In 2019, in letters from the Administration of the Governor of the Kaluga Region (No. Kol-11/2216/3-19 dated June 27, 2019, signed by the Deputy Governor of the Kaluga Region. Nikitenko A.V.), from the Ministry of Construction and Housing and Communal Services of the Kaluga Region (No. Kol-36 /3-19 dated June 25, 2019, signed by Minister E.O. Virkov), we, the residents of the Settlement, were assured that in 2020 gas would be supplied to the villages and houses would be gasified. In response to the request of residents this year to clarify “when?”, officials from the same departments send only new promises instead of gas (letter from the Ministry of Construction and Housing and Public Utilities of the Kaluga Region No. 799-20 dated February 18, 2019, signed by Deputy Minister V. V.Yurkova).

Third example. Head of the Administration of the Iznoskovsky District of the Kaluga Region Leonov V.V. promised residents of the municipal joint venture “Mikhali village” to reconstruct inter-village roads in 2019 (newspaper “Rassvet” dated April 5, 2019) and in letters to residents (No. 03-14/1935 dated May 27, 2019). It is clear that this promise has also not been fulfilled and reconstruction has not yet begun.

Next example. Postal service. The Federal Post Office of the Kaluga Region - Branch of the Federal State Unitary Enterprise "Russian Post" in its letter invited residents of the village of Mikhali to purchase and independently install mailboxes to organize high-quality targeted delivery of correspondence. Residents purchased and installed the boxes. But there was no targeted delivery (Letter from the Federal Post Service of the Kaluga Region, Branch of the Federal State Unitary Enterprise "Russian Post" No. 4.8.12.1-11/1 dated January 11, 2019, signed by Deputy Director A.N. Kuzin).

Examples from life such as in Rural Settlement"Mihali village", thousands throughout the country. They can be cited at all levels of government. Apparently, in our country there is such a “shortage of officials” that they must be carefully protected and cherished. After all, even according to the Administrative Code, for their obvious inaction, irresponsibility and replies, nothing will happen to them. In the most extreme case, the illegal violation will be canceled. But you will still need to be able to prove this illegal violation in court. That is why our officials calmly continue to wipe their pants in their chairs; the entire system of power condones this. But it's time to end this.

There are more than one hundred and forty million of us. The vast majority of people think about the development and prosperity of Russia.

So let's say NO to this vicious system.

Let's come together to the polls and vote for the people

who want and are able to change this system.

Within the framework of the Law, let's change life for the better!

Lishutins Galina Ivanovna and Boris Yurievich.

I remember the words of our president - don’t despair, the situation is changing.

Yes, it is changing, but for the worse. The mayor stopped answering the questions asked, look here:

Your appeal dated 02/11/2020 No. 187 regarding the construction of a sidewalk to the railway tracks at the crossing of Selsky Lane was considered by the Department of Architecture, Urban Planning and Land Relations of the city of Kaluga (hereinafter referred to as

control). We report the following.

The construction of sidewalks is carried out as part of reconstruction or

major road repairs.

Major repairs, construction, reconstruction highways and sidewalks are carried out in accordance with the design and estimate documentation developed in accordance with the established procedure with the obligatory passage of state examination.

The design and construction of the street and road network of the city of Kaluga is carried out within the framework of the municipal program municipality"City of Kaluga" "Development transport system and road safety" (hereinafter referred to as the Program), approved by the resolution of the City Government of the city of Kaluga dated02/14/2020 No. 46-p, according to the approved plan.

Financing of Program activities is carried out within the funds allocated by the main manager budget funds for its implementation, in accordance with the decision on the budget of the municipal formation "City of Kaluga" for

corresponding year.-

By decision of the City Duma of the city of Kaluga dated December 13, 2019 No. 271, the budget was approved

municipal formation "City of Kaluga" for 2020 and the planning period 2021-2022years. Due to the limited amount of budgetary funds that have been reached,budget allocations of the municipal formation "City of Kaluga" expenses for the implementation of these measures for the above-mentioned object is not provided.

We will knock on the door of I.O. The Governor, whatever he says, and then we’ll get to the President.

https://www.youtube.com/watch?v=O33EgKZ8kOQ&feature=youtu.be

In the city of Kaluga, travel to house 45 on Valentina Nikitina Street. I have already contacted the Administration once on this issue, but they set interesting conditions: the owners of houses No. 41, No. 43 must decide on co-financing. But this is the city's responsibility. All that remains is to force the city authorities to do this. Now Nador from this house is going to write directly to the Guarantor of the Constitution.

To say in Russian: the well-fed cannot understand the hungry. It took a long time to decide what percentage increases to pensions and benefits would be in 2020. We received it, counted it, and shed a tear. Who clearly demonstrated what you can buy for this money: two rolls of toilet paper, Let's also enshrine this shame constitutionally. “Carry out indexation every year.” This amendment is similar to an aphorism.

An aphorism is an expression that is short in form and deep in content. “Russia is a country of opportunities.” We will spend a long time thinking about: where is this and for whom?

And the authorities stubbornly prove to us that we live in a social state. Social – public. Where we do not decide anything, but we can, must and are obliged to go vote for changes to the Constitution. Moreover, for everything at once. Based on this fundamental law, the laws of all codes will change and be rewritten. We will no longer be informed about this.

Another thesis is unfolding before us. Thesis is the main idea of ​​the report. For example: the President in the Address: “Fighting Poverty.” Those who are against, fight. The cards are in your hands. Or rather, the state pays such salaries, bonuses + benefits. Only I would advise fighting the cause of this poverty, which has already turned into poverty. Poverty of the population is a consequence of the work of authorities at all levels. And in the Kaluga region they took it and lowered the minimum cost of living. The beggars became poor immediately. Just as the indicators have improved dramatically, so too will “Last Shall Be First.” (Bible). Why work, waste time. It's easier to lie and that's it. Push through the necessary law and change the Constitution “in connection with the changed situation in the country.” It turns out to be some kind of fight against windmills. But the winds of change vary. It will inflate from where we don’t expect it.

The remains of 121 Red Army soldiers disappeared in Kaluga. They died in battles for the city and were buried in December 1941.

Are they really built on soldiers' bones?

Veterans were not allowed to go to the mass grave the first time.

There are seven official mass graves of Red Army soldiers from the Great Patriotic War in Kaluga. All of them have a registration number in the register of military graves of the Russian Federation, six are open and accessible to visit at any time, and on the obelisks there are lists of buried soldiers.

But the seventh grave, in which 121 soldiers rest, has disappeared... The names of 109 fallen heroes are known, 12 are nameless, all data about them is on the regional memory website and in the Central Archives of the Moscow Region in Podolsk. There is no grave itself. Moreover, she disappeared somewhere in the year of “Memory and Glory.”

“On the burial mound, lined with turf, there is a rectangular two-stage pedestal, painted white. Above it rises a pyramidal monument with a flat top, to which is attached the image of a wreath. There is a granite memorial plaque on the front side of the monument. The entire grave is surrounded by a metal fence,” - what this burial looked like before is described in detail in the Book of Memory of the Great Patriotic War of the Kaluga Region. But strangely, his photographs also disappeared from all documents. All that remains is this oral description. And the exact GPS coordinates of the burial: 54.518866, 36.186628.

On the anniversary of the 75th anniversary of the Victory, veterans and activists took turns visiting all the mass graves, but only at this last, seventh, they ran into a high green fence with video surveillance.

Security guards do not allow ordinary citizens to enter behind the green fence.

“Veterans were naturally outraged. Any citizen of the Russian Federation has the right to visit any military burial,” says Vyacheslav Gorbatin, Kaluga journalist and social activist, editor-in-chief of the newspaper “For Truth and Justice.” — In connection with which we demanded to justify, on the basis of what law was access to the mass grave blocked?

If such rules exist, then please indicate the number of the document regulating this procedure and issue a visit pass. Isn’t the memory of the heroes of the Great Patriotic War above the interests of private individuals, no matter what positions they hold?”

People asked for nothing but to lay wreaths. And they hardly even protested, having learned from bitter experience that it was useless.

However, the reality turned out to be more incredible than one might have expected; the information was leaked, and a scandal erupted.

At the beginning of February, an official press release was published in the local press stating that in fact there are no problems with access to the burial, someone mixed something up, the grave itself, like the remains in it, is in excellent condition, moreover , the grave has been restored, prayer services are regularly held near it, members of the public visit it, and children lay flowers. It’s just that citizens who want to visit the memorial need to be warned about it in advance. Since the monument itself is located in the city forest in a protected area next to the departmental administration hotel.

A few days later, the veterans and their accompanying people were actually allowed through the fence, having first copied their passport data. They brought us to a granite slab with the inscription “Eternal glory to the Unknown Soldier.” New and chic.

Nothing in common with the burial that was described in the Book of Remembrance - neither a two-stage pedestal, nor a simple pyramidal monument with an image of a wreath... Well, that’s okay, the old obelisk could have been disposed of.

The navigator on the new gravestone shows completely different coordinates.

But at the same time, the coordinates of the granite slab itself (54.31.089, 36.11.259) did not coincide with the known coordinates of the mass grave (54.518866, 36.186628).

“I asked the head of security: “Where have you taken us? Is there even a burial place here?” — says Viktor Komissarov, search engine, historian. “He replied that it was just a memorial sign, no one was buried under it. He recently appeared here. Where then lie 121 fighters? Where are their ashes? And why “Glory to the Unknown Soldier” if there are accurate lists?”

Based on the navigator, the real grave should be about 120 meters up the slope - right under the government mobile phone tower.

A natural monument has become a property

1.6 hectares of land in the heart of the city forest - this private property is officially declared. There is forest all around. Not dense, but still. Relict three-hundred-year-old pine trees with rich history, in these parts in 1610 the impostor False Dmitry II was killed by the head of his guard.

Here robbers once robbed Empress Catherine II. An abandoned convoy with royal goods was discovered local residents. By royal mercy, in gratitude for the fact that her things were found, the empress donated the forest to the city, and for the next two hundred years it honestly served as a favorite vacation spot for the townspeople.

Under Soviet rule, pioneer camps “Romashka”, “Rovesnik” and “Raketa”, sanatoriums for workers, as well as regional committee and KGB dachas, modest by today’s standards, were located here.

Top view: the distance from the old grave to the new slab is approximately 120 meters.

“They say that the communists were fattening, but in reality it was tears that we saw there when we came to accept the former party property. Sagging floors, a miserable bathhouse with washcloths hanging from the ceiling like stalactites, real poverty,” recalls Vitaly Chernikov, the mayor of Kaluga in 1990–94.

After which completely legally part of the territory was immediately sold and leased. In 2009, the main construction was completed, and in 2015, Kaluga Bor, already reduced in its borders, was again taken under protection, now by the Federal Ministry natural resources and ecology.

“Currently approximately 6.9 hectares of this forest are officially privately owned. Another 1.5 hectares are occupied by the territory of the Reception House, 2.5 hectares are a departmental hotel, then four plots with dachas and households, 1 hectares are given for the construction of certain houses and another 4.2 hectares do not have a separate cadastral number, although they are all located behind the same guarded fence,” continues ex-head Vitaly Chernikov. General official postal address of the property: Ippodromnaya, 37.

Under the terms of the easement, officials were also provided with 5.2 hectares of municipal forest to ensure unhindered access to the property. There is a “brick” hanging at the entrance to the zone.

Security guards the closed area, and at the same time the passage to the soldier’s burial, which, it seemed, should also be located behind a green fence.

Those who walk on bones

The battles for the liberation of Kaluga were fierce. In the winter of 1941, the city was clamped in pincers. At the cost of incredible human losses, it was taken by Soviet troops on the eve of the New Year.

The bodies of the dead soldiers were frozen into the ground. In different poses, in bloody and dirty overcoats, the dead were pulled towards each other, in a single indivisible mass.

A common burial pit with an area of ​​approximately 100 square meters was dug out with bayonet shovels for several days; it was necessary to fit everyone.

They buried them and went into battle the next day. To also be laid in the same mass grave.

Data on losses was sent to the command in special reports: full name, place of birth, rank, where and under what circumstances he died, where he was buried. It was such a time when entire armies disappeared, but in this case, here, near Kaluga, information about 121 soldiers who fell in the city forest was preserved. Here are the first five names offhand.

Alekhin Nikolay, born in 1918, Red Army soldier, native Oryol region, shooter, died in battle. 01.01. 1942. Kaluga, pine forest, territory of the sanatorium.

Atakuzeev Tain, born in 1908, Red Army soldier, rifleman, born: Tashkent, died on December 27, 1941, Kaluga, pine forest, sanatorium territory.

Ayumov Sarsangali, 1917, born: Kazakhstan, died 12/29/1941.

Baktyashev Fatek, born in 1909, Orenburg region.

Baksheev Nil, 1919, Nerchinsky district...

Russian, Uzbek, Kazakh, Tatar, Siberian... In total - 121, young guys, many under thirty, songs will not be written about their exploits and films will not be made. And they even had one grave for all of them, a brotherly one, with special signs - “northwest of the sanatorium, 225 meters from the road, in the Kaluga forest,” which are also given in the documents of the Russian Ministry of Defense, but the main thing is the exact coordinates of the burial.

According to the testimony of former schoolchildren who vacationed in the now destroyed pioneer camps and were treated in the still operating children's tuberculosis sanatorium named after Pavlik Morozov, after the war the grave was visited every summer holiday. The children placed spruce paws at its foot. The last major celebrations that are remembered took place on the 30th anniversary of the Victory. The last time children came there was at least five years ago, when there was no fence yet.

In the year of “Memory and Glory,” it turned out that there was no old grave, and under the luxurious new granite slab there was a dummy. But where are the remains then?

Was it really possible that while the construction of a departmental hotel, cottages and outbuildings was underway, the remains were simply dug up and reburied somewhere, and secretly? Why not with fireworks? The territory was being developed quite officially. There was nothing to hide here.

Or maybe it’s even worse - they didn’t notice, they left it in the ground, and in the literal sense they are now walking on bones?

Both options are not painted by the current owners. And therefore, from the side of the authorities, another refutation immediately appeared, refuting the first one: that is, if at first they claimed that everything was in order with the burial and that it was being properly cared for, now it is stated that there was never a mass grave in Kaluga Bor at all.

The old monument was placed as a decoration. The burial mound was built just like that. The coordinates and description were mixed up at the Russian Ministry of Defense. The chief official search engine of the region, Sergei Novikov, gave an interview to local journalists that the grave is a fake: “This is an informational hoax - that there is supposedly a burial place of 130 people here. Those who deal with them should read and study the combat reports, from which it follows that the connection is being made to another place.”

But here’s a simple question: why are there no problems with the other six Kaluga mass graves with registration numbers in the register 3, 23, 26, 27, 32 and 33, and all the data coincides, and only one, in a closed area, after 78 years turned out to be “ information stuffing"?

How can you even call 121 dead heroes that?

“You are all provocateurs here”

On the trunk of one of the pine trees standing near the green fence of the checkpoint, the guards screwed a video camera with self-tapping screws. “This pine tree is at least 200 years old, not good,” my travel companion sighs.

With me are historian and search engine Viktor Komissarov and Andrey Popov, a member of the Kaluga regional branch of VOOPIK. Andrei Lvovich is on a compromise position; he believes that information about the buried is contradictory and mass grave 28 may well be located in another place, not in the one indicated in the documents - but, for example, a kilometer away. There is also a sanatorium there, where he is even ready to take us if we don’t find anything here. (It must be said that in general there are a lot of military burial grounds, as well as sanatoriums, in the Kaluga region.)

He doesn’t know what to do with the coordinates directly pointing to this place. “In general, there are competent authorities for this, the prosecutor’s office, for example, investigative committee, let them do it."

Popov is right. If something bad happened to a military grave and soldier’s remains, then this is pure Article 244 of the Criminal Code of the Russian Federation “Desecration of the bodies of the dead and their burial places”, part 2b “in relation to a sculptural, architectural structure dedicated to the fight against fascism or victims of fascism, or burial places of participants in the fight against fascism." The maximum penalty is imprisonment for a term of up to five years.

Of course, if you now prove that the grave did not exist at all, then no one will get anything for desecrating it.

At the checkpoint we are stopped by two security representatives, the same ones who previously did not let veterans in. One demands that we turn off our phones, not take photographs, and for some reason calls us provocateurs.

Another politely asks to see the documents and says that now people will come here from Kaluga who will show us everything. People actually come and introduce themselves as “Gennady Semenovich” and “Gennady Anatolyevich,” but that’s all I know about them. I myself also decide not to admit that I am a journalist. I want to be on an equal footing.

Our accompanying “Gennady Semenovich” seems a little angry and says that because of people like us, there was no peace in the closed government territory all weekend - search engines were looking for remains.

“The communication cable was torn by a tractor during these excavations. Do you think someone is sitting idle? Whole working group created by the government to find this grave.”

The memorial sign “Eternal Glory to the Unknown Soldier” is indeed surrounded by striped warning tapes, like at the scene of an emergency. To the right and left of the granite slab, two human-sized pits were dug, as if for two soldiers frozen in a guard of honor from underground.

“But the sign was moved a full 120 meters, and it was immediately clear that this place was empty,” Komissarov shrugs. He asks to take us to the coordinates indicated in the documents. And this time we are not denied.

This is a clean area slightly on a hill, surrounded by tall pine trees, about 100 square meters. It can be seen that they also dug and drove here, and on heavy tracked vehicles. Three pits are located a little further away, they are almost filled up, I don’t see what’s there, the last one, about a meter deep, was indicatively excavated at the very base of the hill. “The mainland is already deeper,” summarizes “Gennady Semenovich.” “So, as you can see...”

He lets slip that he was holding photographs of the former obelisk in his hands, those that can now be found nowhere, which means he can accurately determine its location and where exactly to dig.

But why not invite to the excavations not amateur searchers with a tractor, but professional criminologists with modern equipment capable of detecting human ashes under the thickness of the earth?

“Look, what a suitable site, there are no pine trees growing on it, and the coordinates coincide. If I were choosing a place for a grave, I would choose it here,” I tell my fellow travelers. “They were looking here. But nothing. It was a waste of time to break the cable,” they repeat to me, leading me away.

“Believe me, besides you, there are decent people who cherish the memory of the Great Patriotic War. And we, too, root for our Motherland with all our hearts,” “Gennady Semenovich” explains on the way back, as professionally and emotionally as they can. “But this matter has gone into unnecessary publicity, unnecessary fuss has been raised. For what?

So where did the soldiers' bones go? And will they be looked for further? And if they do find it, will they want to openly talk about it? Or they will be buried secretly without volleys of gunfire and heartfelt, tongue-in-cheek speeches that “no one is forgotten, nothing is forgotten.”

Behind last years more than seventy monuments to Soviet soldiers and their graves were desecrated in Poland. Recently, in the capital of Bulgaria, Sofia, hooligans violated the grave of 154 Soviet servicemen. The Russian authorities, as usual, express their sincere indignation at what happened.

Just like thirteen years ago, in the spring of 2007, when in Estonian Tallinn they demanded to remove the Bronze Soldier on Tõnismägi Hill. Then ordinary people stood up to defend the monument, under which 13 soldiers who liberated the city were buried.

Despite diplomatic protests from Moscow, the Bronze Soldier was moved to a military cemetery on the outskirts of Tallinn, and when I was there on May 9, the cemetery resembled a fortified fortress. The Estonian police bypassed him, flowers flowed like a river, descending from “Alyosha’s” chest to his feet and further, to the exit from the cemetery, in a wave of tens of meters... (The ashes of those buried on Tõnismägi, thanks to “MK”, which found the relatives of those soldiers, managed to be taken out and buried in the homeland).

It was cool and... real. Much more real than the numerous luxurious estates in Kaluga Bor, where CCTV cameras are now barbarically nailed to the hundred-year-old pines. The enemy will not pass!

If I were the dead soldiers, I wouldn’t want such a neighborhood either...

Information for the agenda of the next meeting HOA members, owners of premises upon approval of the Charter in the new edition and regulatory internal documents (April 2012)

The charter is main document any legal entity
, because it not only establishes a list of services provided and types of activities, but also a document that allows for the protection of the enterprise, in our case it is the Escorial Homeowners Association.

Today, an HOA is the most favorable form of managing an apartment building. A legal entity for managing an apartment building with any method of management is mandatory, due to the need to accumulate money, including non-cash money, for the management of an apartment building (MAB), its maintenance and repair, to pay for services provided by third parties for the life support of the apartment building .

The HOA Charter is a document binding on HOA members, i.e. not all owners of premises. The decisions of the house meeting are binding on all owners of the premises, including members of the HOA; the decisions of the meetings of the members of the Partnership are binding on its members. Issues of interaction and regulation of relationships between the HOA and owners who are not members of the Partnership are regulated by the concluded management agreement of the owners with the management bodies of the apartment building - HOA

The problem of HOA activity depends entirely on the Charter, especially if it does not comply with current legislation. This issue became especially relevant after the legislator adopted a number of amendments to the housing code of the Russian Federation. The charter of the Escorial HOA in a number of its sections and articles does not comply with the current legislation - the Housing Code of the Russian Federation.

HOA "Escorial" is an existing Partnership that already has its own Charter, but its provisions are valid and have legal force only in cases that do not contradict the Housing Code of the Russian Federation that has entered into legal force. Not brought in accordance with current legislation The statutes are applied to the extent that they do not contradict legislative acts Russian Federation.
In other words, the legality of the provisions in our current charter applies only in cases that do not contradict the Housing Code of the Russian Federation that has entered into legal force. And even simpler, in defending their interests - members of the HOA, the executive collegial body of the HOA - the Board, cannot refer to the Charter of the Escorial HOA, because it current edition is not brought into compliance with the current Housing Code of the Russian Federation, in this case we must “keep the new Housing Code of the Russian Federation open” and apply its norms.

The amendments made to the Housing Code of the Russian Federation on June 04, 2011 No. 123 of the Federal Law of the Russian Federation “ON AMENDMENTS TO THE HOUSING CODE OF THE RUSSIAN FEDERATION AND SEPARATE LEGISLATIVE ACTS OF THE RUSSIAN FEDERATION” have significantly changed the state of affairs in the field of activity and functioning of partnerships.

Accordingly, taking advantage of the right and obligation, which are enshrined by the legislator in paragraph 1 of Part 2.Article 145 No. 000-FZ of the Russian Federation (amending the charter of the partnership or approving the charter of the partnership in a new edition), to bring our main document into compliance with the Law, The Board of the Escorial HOA has prepared the Draft Charter of the Escorial HOA in the new edition No. 189 of the Federal Law of the Russian Federation and is submitting it for approval by the meeting of the HOA members.

The reason for preparing the Charter in a new edition, and not introducing changes to the existing Charter, is:

· Significant the number of amendments introduced by the legislator relating to the activities of HOAs,

· the presence of significant references in the current Charter to the Law “On Homeowners’ Associations”, which has already become invalid since 2005,

· discrepancies about the procedure for electing the Chairman of the HOA board,

· inconsistency of the rules governing the procedure for making fundamental decisions by the General Meeting of HOA members and the General Meeting of Owners,

· as well as other, no longer in force, norms regulating the activities of “HOA”

Below are the main changes made to the Housing Code of the Russian Federation concerning the activities and functioning of HOAs, which are reflected in the relevant sections of the Project Charter of HOA "Escorial". We believe that the procedure for technically introducing numerous changes to the current Charter will make it difficult to understand when reading and further applying. Also, it is necessary to take into account that the new Housing Code of the Russian Federation not only introduces changes to individual provisions, but also contains a number of additions and changes to the existing clauses, parts, and articles of the Federal Law.

The new edition of the Charter has clear sections that must be reflected in the Charter.

The main changes made to the code of 2011 regarding the activities of HOAs:

COMMON PROPERTY OF THE OWNERS IN AN APARTMENT BUILDING
article 36, part 1 The Housing Code of the Russian Federation is set out in a new edition:
"1. The owners of premises in an apartment building shall own, by right of common shared ownership, the common property in the apartment building, namely:
1) premises in this house that are not parts of apartments and are intended to serve more than one room in this house, including inter-apartment landings, stairs, elevators, elevator and other shafts, corridors, technical floors, attics, basements in which there are engineering Communication, other equipment serving more than one room in a given house (technical basements);
2) other premises in this house that do not belong to individual owners and are intended to meet the social and everyday needs of the owners of premises in this house, including premises intended for organizing their leisure time, cultural development, children's creativity, physical education and sports and similar events;
3) roofs enclosing load-bearing and non-load-bearing structures of a given house, mechanical, electrical, sanitary and other equipment located in a given house outside or inside the premises and serving more than one room;
4) the land plot on which it is located this house, with elements of landscaping and improvement, other objects intended for the maintenance, operation and improvement of this house and located on the specified land plot. The boundaries and size of the land plot on which the apartment building is located are determined in accordance with the requirements of land legislation and legislation on urban planning activities."

Special attention Let's turn it into a plot of land. This addition to the Housing Code of the Russian Federation is fully consistent with the position of the Constitutional Court of the Russian Federation, as well as the position of the Supreme Courts of Russia, previously set out in the governing Resolutions of the Plenums.
HOW OWNERS MAKE A DECISION IF IT IS IMPOSSIBLE TO ASSEMBLE A QUORUM
in the new edition Part 1 Article 47 Housing Code of the Russian Federation.

"IN if, when holding a general meeting of owners of premises in an apartment building through the joint presence of owners of premises in this building to discuss issues on the agenda and make decisions on issues put to vote, such a general meeting did not have a quorum , further decisions of the general meeting of premises owners in an apartment building with the same agenda may be adopted by absentee voting(transfer to the place or address specified in the notice of holding a general meeting of owners of premises in an apartment building, registered in writing decisions of owners on issues put to vote)".

Clause 1, Part 1, Article 137, Clause 2.9.10, Part 1, Article 138 PAVA AND RESPONSIBILITIES OF THE PARTNERSHIP FOR MANAGING AN APARTMENT BUILDING. Supplemented with changes made

1. The homeowners association has the right:

1) conclude, in accordance with the law, a management agreement for an apartment building and other agreements ensuring the management of an apartment building, including the maintenance and repair of common property in an apartment building;

The homeowners association is obliged to:

2) manage the apartment building in the manner established Section VIII this Code;

8) represent the legitimate interests of the owners of premises in an apartment building related to management common property in this house, including in relations with third parties;

9) maintain a register of members of the partnership and annually during the first quarter current year send a copy of this register to the executive authorities of the constituent entities of the Russian Federation specified in Part 2 of Article 20 of this Code;

10) submit to the authorized executive bodies of the constituent entities of the Russian Federation, specified in Part 2 of Article 20 of this Code, within three months from the date of state registration of changes made to the charter of the partnership, a copy of the charter of the partnership, an extract from the minutes, certified by the chairman of the partnership and the secretary of the general meeting of members of the partnership, general meeting of members of the partnership on making a decision to amend the charter of the partnership with copies of the texts of the relevant changes certified by the chairman of the partnership and the secretary of the general meeting of members of the partnership.

NEW ARTICLE 143.1 IS INTRODUCED ON THE RIGHTS OF HOA MEMBERS AND OWNERS, WHO ARE NOT MEMBERS OF THE HOUSING OWNERS ASSOCIATION

article 143.1 Housing Code of the Russian Federation, which is called - the rights of members of a homeowners’ association and non-members of the association of owners of premises in an apartment building
1. Members of a homeowners’ association and non-members of the association, owners of premises in an apartment building, have the right to receive information from the management bodies of the association about the activities of the association in the manner and to the extent established by this Code and the charter of the association, and to appeal to judicial procedure decisions of the management bodies of the partnership.

2. Members of a homeowners’ association and non-members of the association, owners of premises in an apartment building, have the right to make demands on the association regarding the quality of services provided and (or) work performed.

3. Members of a homeowners’ association and non-members of the association, owners of premises in an apartment building, have the right to familiarize themselves with the following documents:

1) the charter of the partnership, amendments made to the charter, certificate of state registration of the partnership;

2) register of members of the partnership;

3) accounting (financial) statements of the partnership, estimates of income and expenses of the partnership for the year, reports on the implementation of such estimates, audit reports (in the case of audits);

3) election of members of the board of the partnership, members of the audit commission (auditor) of the partnership and, in cases provided for by the charter of the partnership, also the chairman of the board of the partnership from among the members of the board of the partnership, early termination of their powers;

4) establishing the amount of obligatory payments and contributions of members of the partnership;

5) approval of the order of education reserve fund partnership, other special funds of the partnership (including funds for current and major repairs of common property in an apartment building) and their use, as well as approval of reports on the use of such funds;

6) making a decision on obtaining borrowed funds, including bank loans;

7) determination of directions for using income from economic activity partnerships;

8) approval of the annual plan for the maintenance and repair of common property in an apartment building, a report on the implementation of such a plan;

8.1) approval of estimates of income and expenses of the partnership for the year, reports on the implementation of such estimates, audit reports(in case of audits);

According to the amendments being studied, regional authorities are now checking the compliance of the HOA charter with the law, the legality of its creation and the choice of the management company.

If violations are detected, the authorized bodies may apply to the court with a demand to liquidate the HOA or invalidate the house management agreement.

The above listed and other changes made to the Housing Code of the Russian Federation - No. 000 of the Federal Law of the Russian Federation are taken into account in the prepared DRAFT Charter of the HOA "ESCORIAL".

The HOA charter should be extremely simple and not include anything that is not supported by legislative acts.

All other documents necessary and regulated separate laws, resolutions, orders, etc., for organizing the work of the HOA and its executive bodies, can be further developed and submitted for discussion and approval by the general meeting.

According to the changes in the Housing Code of the Russian Federation, the duties and powers and requirements for elected officials have changed. officials executive collegial body of the HOA - the Board, Chairman. The Board has developed - Job description Chairman of the Board, Regulations on the Board of the HOA, Regulations on the Audit Commission of the HOA "Escorial" and other documents. Which must subsequently be accepted and approved by the PSC of the Escorial HOA.

The finalized drafts of the listed documents are posted on the page of the electronic website of the Escorial HOA and require your familiarization with their contents in order to make a decision at the general meeting.

We kindly ask all homeowners to familiarize themselves with the documents, the approval of which was submitted for approval by the general meeting of HOA members, before the date of its holding.

Until March 1, 2012, housing associations are required to submit to the Housing Inspectorate copies of decisions on the creation of HOAs, HOA charters and amendments to the charters. Until March 1, 2013, the Housing Inspectorate is obliged to check the legality of the activities of all housing associations.

Sincerely, member of the board of the Escorial HOA Sadova-

Lately, many have been talking about the need to organize homeowners' associations in houses. They say that for owners of apartments in high-rise buildings, HOAs are a real panacea for all ills.

Apologists for the creation of HOAs point out that normal conditions, when the management company is responsible for maintaining the house, the owners of housing in an apartment building are actually deprived of the right to interfere in solving the most pressing problems of the house. At the same time, they regularly pay for housing maintenance services. This amount includes not only Maintenance common areas of the house, but also work on local area. True, as you know, these funds most often dissolve into obscurity. What happens to homeowners' money? Where do they go? Where to look for the truth? There are many more questions in this situation than answers.

In the situation with the HOA, enthusiasts say new form management of the house, all funds will be in the hands of the residents, and they themselves will be able to make decisions about major repairs, installation of new doors and glass in the entrances.

Indeed, a homeowners' association is a duly registered legal entity, with elected governing bodies, an audit commission and its own current account. All payments received from the residents of the building where the HOA is organized are accumulated in the current account of the partnership. Main body HOA management is the general meeting of residents. Ideally, almost all vital issues are resolved by a general meeting of homeowners through voting.

True, when deciding to create an HOA, it is necessary to fully understand both the pros and cons that joining an HOA brings to a person.

Chairman of the Commission on Local Self-Government, Construction and Housing and Communal Services of the Public Chamber of the Samara Region, Viktor Chasovskikh, notes in particular:

When initiative groups of residents come to me and want to organize a homeowners’ association in their building, I always invite them to soberly assess their strengths.

According to SI experts, the creation of a HOA in an apartment building has not only positive sides. There are also a number of disadvantages to this method of control.

Minus the first one.

Major renovation

Major renovation apartment building- perhaps the main problem preventing the widespread creation of homeowners' associations. The author of the article once jokingly asked the woman in charge of the house: when are we going to create an HOA? And I received a completely expected answer:

Why should we take responsibility for this junk? When our house is completely renovated, we’ll build it right away.

From a layman's point of view, everything is correct. Even logical. But on the other hand, Soviet times, when for the state housing stock responsibility was borne by the state, have sunk into oblivion. Nowadays the capitalist point of view dominates: property is not only rights, but also responsibilities. If you are property owners, please take care of your property.

But if the receipts take into account the amounts collected for this very repair, then it will take 10-15 years until the required amount is collected. The house may well fall apart during this time. It turns out to be a vicious circle.

In fact, creating an HOA in five-story buildings of the Khrushchev era is not very profitable, says Viktor Chasovskikh. - Currently, the bulk of the population living in these houses cannot be called wealthy. These people just won't cope additional expenses for major repairs of a house whose age exceeds 30-40 years.

Minus the second

Birth pangs

Creating a homeowners' association is a responsible and complex process. A difficult point is the state registration of HOAs. In order for the registration authorities to accept the documents of the future HOA for consideration, all legal requirements must be met. First of all, when creating an HOA, you should pay attention to such points as the development of the charter of the partnership, holding a general meeting of residents, the voting procedure and drawing up the minutes of the general meeting. To carry out all these activities, an initiative group must be elected. These must be literate people. It is desirable that they understand the intricacies of civil and housing legislation. To begin with, the initiative group must ask the city authorities to provide complete data on the lists of all apartments with a mandatory indication of the form of ownership. After this, you can begin preparing for a general meeting of residents of the house. In order for the meeting to be considered valid, the presence of 50% of all owners and tenants, plus one vote, must be present. Only in this case the general meeting is considered legitimate and competent. The attendance of residents at the meeting directly depends on preparatory work initiative group. During it, all residents should be familiarized with the agenda of the meeting and the working version of the charter of the future partnership. During the general meeting, a decision is made to create a HOA, the charter of the partnership is approved, management and audit bodies are elected, and the method of managing the house is determined.

After the general meeting has been held and all constituent documents have been properly executed, an application for registration is submitted to the Federal Registration Service. As you can see, to create an HOA you need to work very hard.

Minus the third

Lack of initiative.

It is at the stage of creating an HOA that one significant disadvantage arises. It's about misunderstanding on the part of residents. Fathers and mothers of homeowners' associations have to deal with imperfect legislation and arbitrariness of the authorities. But main problem, according to SI experts, there remains resistance from the residents of the house themselves, the owners themselves. They need to prove the usefulness of creating an HOA in the house and convince them to come to the meeting of owners. Therefore, explanatory work becomes one of the important areas of activity. This is what will require the lion's share of nerves and time. We must always remember this.

Minus the fourth

Higher operating fees.

For many, this point is a serious reason to have a negative attitude towards HOAs. Here you need to understand that mandatory utility payments in HOAs are exactly the same as the city average. It’s another matter if the residents themselves decide to “chip in” for improvements or some other needs. Okay if we're talking about about arranging a parking lot, installing locks on the entrance doors or hiring a concierge - in essence, these are small costs. However, it may also happen that one of the residents will have a desire, for example, to line the entrance with marble or install a mini-boiler room in the basement coupled with a state-of-the-art heating unit. Here the costs will be very, very significant. True, that’s why there is a general meeting to make decisions collectively, but everyone’s needs and ideas about comfort are really different and disagreements cannot be avoided.

Minus the fifth

Imperfection of legislation

The mechanisms for interaction between homeowners' associations and authorities have not been fully developed. For example, if one of the residents does not want to pay, including mandatory utility bills, debts can only be collected from him through the court. For example, if a member or non-member Apartment HOA home, does not pay the costs of payment for living quarters and utilities, then the HOA board can sue him. For this purpose, a statement of claim for debt collection and is filed with the court at the debtor’s place of residence. Property dispute case for a claim price not exceeding five hundred minimum sizes wages (minimum wages) established on the day of filing the application are considered by the magistrate. If the price of the claim exceeds five hundred minimum wages, it is submitted to district court. During the trial, the debtor can pledge, hide or sell his property. And then the court decision will be impossible to implement. Therefore, simultaneously with filing a claim, an application for securing it is submitted to the court. The defendant may apply to the court to overturn the court decision. The deadline is seven days from the date of delivery of the copy. The parties can file a cassation against the court's decision in absentia, and an appeal against the decision of the magistrate. In general, as “Manager of the House” knows, until the case is resolved in court, it may take years, and all this time the shortfall will have to be covered by regularly paying residents.

Another problem is related to preferential categories of citizens entitled to subsidies for utility bills. By law, the city must return to the HOA the difference between the payments of beneficiaries and the actual costs of utilities, but in practice this does not always happen.

Minus six

Personnel shortage

Due to the house’s reserves and the competent work of managers, it is possible to reduce residents’ expenses, say enthusiasts of this form of management.

Unfortunately, this does not always happen. More often than not, the opposite situation occurs. The reason is banal - there are simply no competent specialists capable of effectively managing the management of an HOA. And where do they come from? Samara universities do not train such specialists. As a result, anyone can become housekeepers, for example, actors, artists or retired candidates of philosophical sciences. Agree, such personnel are of no use to the partnership in modern economic conditions there won't be much.

Citizens of our country are faced with the inaction of housing offices, the lack of good service, conducting repair work. That’s why they are being replaced by management companies or homeowners’ associations. But due to the fact that management companies are commercial organizations and, accordingly, are determined to obtain financial benefits.

Most residents prefer to create an alternative - a homeowners' association, an organization whose priority is the improvement of apartment buildings and the interests of homeowners. It is an official organization with its own responsibilities and powers, as well as official documentation.

What is a HOA

First of all, it must be said that HOA is an abbreviation that stands for homeowners' partnership. Most of the residents of apartment buildings are apartment owners. All apartment buildings must have organizations to manage building property. If neither the housing office nor the management company are satisfied with the residents, the apartment owners convene a general meeting at which they put to a vote the decision to create an association. And after the majority of positive results, an HOA is organized.

It can be created in one MKD or between several residential buildings. Apartment owners who create an organization must write an application for acceptance, on the basis of which they will be included in its membership.

The majority of apartment owners consider this form of management of residential buildings to be the best option, which guarantees upholding the rights of apartment owners, in particular before public utilities and government agencies, for example, regarding repair work.

This is a governing body whose purpose is to preserve, maintain in proper shape, protect and improve common property. In addition, the partnership and its board are a lever of influence over utilities and contractors who carry out a number of tasks assigned to them. This is a non-profit organization and does not pursue commercial gain.

An association of real estate owners is created by individuals, but the organization is a legal entity. The partnership has its own current account, and the members of the board and the chairman must be registered with the ERGUL. An HOA, being a legal entity, must be registered with the fiscal service.

Purposes of creation

The goals of a joint association of homeowners in an apartment building are:

• shared leadership and direction;
• receiving income and distributing it to solve maintenance problems and;
• maintaining the house in good condition: both sanitary and technical.

The organization has the right to rent or lease part of the common property for the purpose. Receipts additional income, which will be aimed at solving certain problems of the partnership.

The homeowners' association coordinates activities aimed at managing the homes it owns as a non-profit organization. Therefore, it strives not to obtain maximum profit, but to distribute income for the needs of the partnership. But the association is not obliged to cover losses that may arise through additional contributions by homeowners.

Consolidation is a way to avoid the conditions imposed by the management company on the maintenance of the house. For example, choose your own contractors and service providers favorable conditions for residents, not the management company. Utility companies and other companies, in turn, service the house on the basis of an agreement concluded with the HOA.

If members or simply residents of the house are dissatisfied with the actions of the association, they have every right make a claim and put the issue to a vote. Thus, his main goal and function is to organize the proper management and management of the operation of the housing stock entrusted to him.

According to 136 articleHousing complex of the Russian Federation, in one apartment building, owners can create one HOA. The creation of a partnership is also possible between several closely located apartment buildings or those that have common land plots or infrastructure elements. A partnership can also be created at the stage of building a house ( Art. 139 LCD).

The decision on whether or not to join an HOA is made by the apartment owners; no one can force them to do so. It is not necessary that all residents of the house must be members of the partnership. The creation of a partnership is possible if 50% of the residents are present at the general meeting on the issue of its organization, and the same number of those present must vote positively.

Homeowners association functions

Often, before creating an association of real estate owners, its future members and other residents of the house have a question: what does the organization do, what functions are assigned to it. Rights and responsibilities are determined Article 135 of the Housing Code of the Russian Federation, and charter organizations. The main responsibilities of a homeowners association are:

• control the activities of companies providing services to apartment owners: public utilities, enterprises and firms that provide domestic services, such as , and others;
• resolve issues regarding when and who carries out repairs;
• monitor compliance with the rules for the operation of the house and its maintenance;
• ensure the completion of work on the improvement of the house and local area according to the plan approved for the year;
• provide the required services to apartment owners and carry them out;
• ensure proper sanitary condition of common property (timely garbage removal, cleanliness of sites, in particular near garbage chutes, and so on);
• , children's playgrounds for residents of the house (the point must be specified in the charter);
• performing additional functions specified in the charter approved at the general meeting.

The HOA, as a representative of the interests of residents of apartment buildings, is obliged to defend the interests of the building and the rights of residents in particular before public utilities and government agencies. Most often, problems arise with repairs, both current and major. Members of the board and the chairman of the partnership in particular will have to deal more than once with the reluctance of utility companies to fulfill their obligations on time.

According to the law, being a legal entity, it has the right, on its own behalf, to enter into agreements with those providing utility services for the maintenance of an apartment building and others that home owners deem necessary. Another obligation of the association participants is to draw up and approve estimates for the subsequent period.

The responsibilities of HOA members include maintaining order in the house, cleanliness and safety of common property, in particular technical equipment, designs on plot of land, which is adjacent to the MKD and so on. Thus, everything that an association of residential property owners does is aimed at improving or at least maintaining decent living conditions home or several apartment buildings under his management.

Procedure for reporting to residents

According to the law, the homeowners' association, namely the board members and its head, are required to regularly report to residents. Moreover, the regular reporting procedure is established by the charter. In addition, a report on the flow of funds, payments, expenses, income received or work done HOA work must be provided upon the first request of the members of the association.

However, no piece of legislation has established a clear reporting format for either the board or the chairman. Based on this, the procedure for reporting to residents should be clearly stated in the charter of the partnership. Because it is the main document according to which members of the board and the head of the HOA must act.

Each of the residents who is a member of the partnership must mandatory read the articles of association of the partnership. It describes the procedure for how, when and in what form it is obliged to report to apartment owners.

Charter

As already mentioned, the charter of the partnership is the main legal document regulating the rights, functions, and responsibilities of its members, board and chairman. It is served as constituent document to register the partnership as a legal entity. At the first general meeting of the members of the partnership, the charter must be approved and signed by the chairman.

• approved by all apartment owners;
• must be numbered and signed by the chairman;
• Owner signatures are not required.

A copy of the certified articles of association must be certified by a notary. After which the HOA is registered on its basis in the federal tax service for further taxation of the homeowners association.

The charter itself contains:

• addresses of buildings included in the HOA;
• place and date of compilation;
• the purpose for which the partnership was created;
• rights and obligations of its members.

If it is necessary to amend an existing charter, it is necessary to hold a general meeting and change the content of the document based on the minutes of the event.

Founders

Each of the residents of the house who supported the creation of the partnership is the founder of the HOA. But since there are many participants in the partnership and, accordingly, apartment owners, the application and documentation submitted for registration of the partnership indicate that the founders of the HOA are members of its board.

They act as the face of the partnership, its managing part, which, like the other members, is interested in the proper maintenance of the house and the proper quality of the services provided. If any of the members of the partnership wants to leave the founders of the HOA, he must write a corresponding application. In this case, the consent of the other residents is not required.

The founder can be any individual who lives in the house and is the owner of the living space in it. Mentioning the founders when registering an HOA as a legal entity is a formality. Members of the board and the chairman are registered with the ERGUL. If changes occur in the composition of the board, the fiscal service must be notified about this in order to make appropriate amendments.

Register of HOA members

The register of members of the homeowners' association must contain data that can be used to understand who exactly is the member of the HOA. Also, the information reflected in it will allow you, if necessary, to contact any of the participants in the partnership. The list of HOA members reflects information about the size of the share of common property owned by each of them.

The standard register form contains the following information:

• name of the homeowners association;
• legal address of the HOA;
• TIN data;
• creation date;
• list of houses included in the partnership.

It must be signed by the chairman of the HOA indicating his contact phone number.

Responsibility

The operating rules, functions, powers and responsibilities of the owners' association are written down in housing law and regulated by the legislation of the Russian Federation. A board is elected from among the HOA participants, which includes several people. And also the head of the partnership is the chairman, who is responsible for the actions of the association.

So, the head of the HOA is responsible for the following actions:

• personnel selection;
• submission of reports to the tax office;
• maintaining and storing partnership records;
• conclusion of contracts.

Members of the HOA board are responsible for the implementation of agreements concluded with contractors and other services, including utilities, as well as to partners and residents of the house.

The liability of the partnership also includes the following obligations:

• use of areas that are in common shared ownership of all residents;
• maintaining and maintaining order in common areas;
• carrying out repair work;
• order common property partnership.

HOA members must ensure timely and high-quality supply of resources and utilities.

Decision making in a partnership

All decisions are made jointly based on the voting results of homeowners held at the general meeting. The creation of a HOA begins with such a meeting, at which 50% of the owners of apartments in a building or several apartment buildings must declare their desire to organize a partnership. The meeting can be held either in person or in absentia by written voting.

At such meetings, decisions are made on how to use free space, for example, they agree on the procedure, rights and other clauses of the charter, and resolve current issues, for example, on repairs. Also, it is the meeting of residents that decides the fate of the current chairman and the need to replace him.

To conduct voting at HOA meetings, it is necessary to inform the residents of the building in advance about its date, time and location. At the event, decisions can be made exclusively on those issues that, according to the legislation of the Russian Federation, are within the competence of the partnership. It is necessary to prepare an agenda in advance, which reflects all the items necessary for discussion and decision-making.

All decisions made at the meeting are entered into the document, which is maintained throughout the entire event and, at the end of it, is certified by the signature of the initiator or chairman. A majority vote is required to make any decision. Residents who were not present at the meeting must be notified within 10 days of the results of the meeting.

Pros and cons of HOAs

A homeowners' association gives apartment owners the right to decide for themselves what the rules for managing the house and common property are, who will become the utility provider, and so on. But the ability to make decisions independently can be both an advantage and a disadvantage.

Among the undeniable advantages of such a form of house management as an HOA, the following should be highlighted:

• management of common property in the house in order to obtain additional funds for improvement, maintenance and repair of apartment buildings and: rent, advertising;
• quick resolution of emerging issues at general meetings by voting;
• financial transparency: at any time, each of the residents and members of the association has the right to become familiar with the movement of money and the expenditure of funds;
• you only need to pay for what really necessary services, and not those that impose Management Company or contributes to the payment by default, therefore, this will significantly reduce utility bills;
• independent selection of contractors.

When creating an HOA, responsibility for the safety of common property falls on each resident, as well as for the results of the decisions they make regarding the arrangement and maintenance of a residential building. One of the important ones is the possibility of reducing the size of utility bills. A competent manager can significantly reduce rent by making a profit for the partnership, for example, by providing non-residential space for rent.

Homeowners' associations also have their disadvantages. In every association there is a group of activists, but no one can guarantee that these are literate and competent people. Excessive initiative and inability to understand the issue that has arisen and to conduct business properly.

The partnership is quite small equity, with the help of which it is difficult to pay off debts. And this can become a significant problem for the HOA, when it will have to urgently pay the contractors. In addition, performing some one-time work for an association may be more expensive than for the same management company, because many companies have minimal interest in single orders.